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WEST END CITIZENS v. BD. OF ZON. ADJUSTMENT

No. 11-AA-39.

112 A.3d 900 (2015)

WEST END CITIZENS ASSOCIATION, Petitioner, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent; Foggy Bottom Grocery, LLC, Intervenor.

District of Columbia Court of Appeals.

Decided April 2, 2015.

Attorney(s) appearing for the Case

Martin P. Sullivan , Washington, DC, for petitioner.

Constance J. Miller , for intervenor.

Irvin B. Nathan , Attorney General for the District of Columbia at the time, Todd S. Kim , Solicitor General, Donna M. Murasky , Deputy Solicitor General, and Andrew Van Brisker , Assistant Attorney General, filed a Statement in Lieu of Brief in support of intervenor.

Before GLICKMAN and McLEESE, Associate Judges, and FARRELL, Senior Judge.

This is round two in an appeal by the West End Citizens Association ("WECA") of a Certificate of Occupancy ("C of O") granted to intervenor, Foggy Bottom Grocery, LLC. Intervenor does business under the name FoBoGro. The C of O allowed FoBoGro to operate a grocery in a residentially zoned neighborhood of the District of...

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